FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : IRISH COUNTRY MEATS (BALLAGHADEREEN) (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. 1) Parity with Ballyhaunis 2) Overtime rate 3) Pension Scheme 4) Sick Pay Scheme 5) Compassionate leave
BACKGROUND:
2. Irish County Meats is part of the Avonmore Group. There are a number of plants in the Company, including one in Ballaghadreen and one in Ballyhaunis.
There are 5 issues involved in the dispute.
(1) Parity with Ballyhaunis.
The present rates of pay for the 2 plants are as follows:-
BallaghadreenBallyhaunis
Skilled £157 per week £173 per week
Semi-skilled £149 per week £164 per week
Unskilled £141 per week £156 per week
In September, 1993, an agreement was reached between the parties which was in full and final settlement of the Programme for Economic and Social Progress (PESP). The first phase of the Programme for Competitiveness and Work (PCW) was due from February, 1994. At a meeting in September, 1995, the Company offered to pay the 2nd phase of the PCW from June, 1995. The Union claims that this offer was rejected by the workers as they had become aware of a difference between their wages and those of the workers in Ballyhaunis. The workers are seeking pay parity with their colleagues in Ballyhaunis.
(2) Overtime rates.
The Union claims that workers are sometimes employed from 8.00 a.m. to 1.00 a.m. the following morning. At present, double time starts at midnight. The Union is seeking that the first 4 hours of overtime be paid at time and one half, and double time paid thereafter - i.e. double time after 8.00 p.m.
(3) & (4) Pension/Sick Pay Scheme
At present there are no pension or sick pay schemes in the Company.
(5) Compassionate leave
The Company at present has no compassionate leave scheme.
The dispute was referred to the Labour Relations Commission and a conciliation conference took place on 10th May, 1996. As there was no agreement between the parties, the dispute was referred to the Labour Court on 23rd May, 1996 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 12th June, 1996 in Galway.
UNION'S ARGUMENTS:
3. 1. Parity with Ballyhaunis
The workers concerned are doing the same work as their colleagues in Ballyhaunis for considerably less money. Community employment schemes in the area pay higher wages than the Company.
2. Overtime rate
Most companies in the industry pay the overtime rates that the Union is seeking. A substantial amount of the workers' wages are made up of overtime payments, and they should be paid the appropriate rate for the long hours they are asked to work by the Company.
3 & 4. Pension/Sick Pay Schemes
The Company should show consideration for the long and loyal service of the workers by introducing a pension scheme. The industry is one of the most demanding in terms of physical labour. There is a sick pay scheme in Irish Country Meats in Rooskey which is as follows:-
2 weeks full pay
10 weeks half pay
The Union is prepared to recommend contributory schemes in order avoid any misuse of the scheme.
5. Compassionate leave
The Union is not aware of any other company which does not have some compassionate leave arrangements. The Union is seeking 3 days' paid leave for the death of family member and 1 days' paid leave for the death of an Uncle, Aunt or Grandparents.
COMPANY'S ARGUMENTS:
4. 1. Parity with Ballyhaunis
There has never been parity between the plants in Ballaghadreen and Ballyhaunis. Had the 2nd phase of the PCW been paid, the rates of pay would have been as follows;
Skilled £162
Semi-skilled £153
Unskilled £145
The Company tried to improve its offer in September, 1995, but this was rejected by the Union. The claim is contrary to the terms of the PCW.
2. Overtime rate
The Company was prepared to increase its offer of double time from 10.00 p.m. instead of midnight, but the Union rejected the offer.
3 & 4. Pension/Sick Pay Schemes
The Company cannot afford to introduce a pension/sick pay scheme. Pension scheme are very rare in the beef industry. Many companies do not have a sick pay scheme. Absenteeism is a major problem in the industry and would only be made worse by the introduction of a sick pay scheme.
5. Compassionate leave
The Company was prepared to examine the issue in the context of an overall package, but as there was no agreement with the Union it could not do so.
RECOMMENDATION:
The Court, having considered all of the issues raised by the parties in their oral and written submissions, makes the following recommendations:-
(1)Parity Claim- The Court does not recommend concession of the Union's claim. The terms of the PCW second phase should be implemented with effect from 1st February, 1995.
(2)Overtime rate- The Court recommends that the first four hours be paid at time plus a half, and double time thereafter.
(3 & 4)Pension and Sick Pay Scheme- The Court does not consider that, given the present circumstances, it is appropriate to pursue these issues at this time.
(5)Compassionate leave- The Court recommends that compassionate leave be granted as follows:-
Immediate family (e.g. Mother, Father, Brother, Sister, Son or
Daughter) - 2 days.
One day's pay on the death of an Uncle, Aunt, Grandfather or
Grandmother.
Signed on behalf of the Labour Court
Tom McGrath
1st July, 1996______________________
C.O'N./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.